Reliable Credit Ass'n v. Credithrift of America, Inc.

Plaintiff appeals from a judgment dismissing this case with prejudice upon plaintiffs failure to plead over after a demurrer to the complaint was sustained. 1 We reverse.

To the complaint defendant filed a document entitled "PLEA IN ABATEMENT AND IN THE ALTERNATIVE, DEMURRER, AND IN THE ALTERNATIVE, MOTION.”

It is axiomatic that the well-pleaded allegations of the complaint are taken as being true for the purpose of a general demurrer. In this case defendant demurred on the grounds that the court had no jurisdiction over the subject of the action and that the complaint failed to state facts…